Florida Constitution

Stephen L. Goldstein and South Florida Sun-Sentinel, September 9, 2011

Steal a loaf of bread, and you could go to jail. Drive drunk, and you might have to pay a fine, wind up behind bars, and/or lose your license. But violate the Florida Constitution, and, if you're the governor and/or the Legislature, you'll go scot-free -- because Floridians let them. Fed up with Tallahassee for failing to deliver high-quality public education, in 2002, Florida voters passed a constitutional amendment limiting the maximum number of students who could be assigned to each teacher in public school classrooms: no more than 18 in pre-K through grade 3, a maximum 22 for grades 4 through 8, and a limit of 25 students in classrooms for grades 9 through 12. The amendment stipulated that the state of Florida, not local school districts, had to pay for reducing class size.

Attorney General Pam Bondi has little choice other than to defend the definition of marriage voted into the Florida Constitution. It's her job. It's like she was on a debate team and given the assignment to "defend the definition of marriage as stated in the Florida Constitution," while the other side was given "defend marriage equality. " The thing is, her performance is poor, her argument is weak and she will not win out. Her "harm" notion already has been shot down by the U.S. Supreme Court and echoed by the many judges who have ruled against states with bans like ours.

I really don't think people understood Amendment 2. One woman said that marriage between a man and a woman was in the Bible and that, she believed, was the right thing to do. Why does she, and those who think and feel like her, get to have her beliefs written into the Florida Constitution? I am hopeful that with Obama's election, the housing market will begin to turn around and we can sell our house. Then, my partner and I will leave this state and go someplace we are welcome. We'll take our skills and our contribution to society and share that with others who do not hate us. If people believe what the Bible says, then let them reap what they sow. This amendment will come back to haunt them.

Government constitutions have one thing in common: They use language, which is an extraordinarily imprecise mode of communication that is open to interpretation. At this point in human development, language is the only tool available to express complex political thoughts and principles. So we are stuck with language-based constitutions until such time as the human race finds a replacement for language, or a replacement for government, which probably will be never. Constitutional interpretations depend on who is doing the interpreting.

Gov. Charlie Crist tried to do the right thing, but our courts have stood behind institutional racism. Sadly, the Florida Constitution has several measures maintaining a system of inequity and denying the American promise and dream to many of our citizens. There was the failed ballot measure last year, to remove an amendment to our constitution written to prevent Asian Americans from owning property, an amendment dating back to the bad old days of segregation and lynching for stepping across the color lines.

For those of you wondering if there is an "official" language for Florida, you'll be happy to know that you can find this in the Florida Constitution, Article II, General Provisions, Section 9: English is the official language of Florida. (a) English is the official language of the State of Florida. (b) The Legislature shall have the power to enforce this section by appropriate legislation. History: Proposed by Initiative Petition filed with the Secretary of State Aug. 8, 1988; adopted 1988.

I was shocked to read that Judge Charles Francis ruled that the "super-sized" homestead exemption amendment could not appear on the ballot because it is "unclear and misleading." Where has this judge been living? If this were a requirement for proposed constitutional amendments to be voted upon, we would not have any amendments to the Florida Constitution. They would have all been rejected, which is perhaps not a bad idea. Frank Langford, Boca Raton,

Changing Florida's Constitution is too easy, the House agreed on Tuesday. On a 77-40 vote, House members agreed to ask Florida voters if they want to make it tougher. Currently, the Florida Constitution can be amended if a bare majority of voters - 50 percent plus a single vote - approve. Since the current Florida Constitution was adopted in 1968, it has been amended 64 times. In contrast, there have been only 27 amendments to the U.S. Constitution in more than 200 years. Now the House wants state amendments to be approved by a three-fifths vote - 60 percent of those voting.

I quite agree with your Nov. 7 editorial that the failure of Amendment 1 and the passage of Amendment 2 were travesties. I do not know how these amendments get on the ballot in the first place. At a meeting yesterday of the Voters Coalition, it was pointed out that the U.S. Constitution has had less than 20 amendments (not counting the Bill of Rights) in over 200 years. By contrast, there have been some 200 changes to the Florida Constitution. This is outrageous! Will the next one try to limit the time we spend on our computers?

Florida Supreme Court upholds Broward term limits Florida's Supreme Court ruled this morning that Broward's term limits for county commissioners are constitutional. Click here to read the decision. Here's the conclusion to the 19 page decision: Based on the foregoing, we recede from Cook and the rationale it relied upon in Thomas v. State ex rel. Cobb. Therefore, we hold that the term limits provided in Broward County's charter do not violate the Florida Constitution, and approve the Fourth District on different grounds.

John Morgan already has the battle cry for his upcoming fight to change Florida's constitution to legalize medical marijuana. "I'll take God's plant over Big Pharma's pills," Morgan says. Morgan, a high-profile Orlando attorney whose firm employs former Florida governor Charlie Crist, says he is willing to pour up to $3 million of his own money into a petition drive to get the issue on the November 2014 ballot. Morgan is organizing "an army of angels" to gather the 788,000 signatures needed statewide.

Usually the question I hear most is, "Do you miss sports?" Around election time it becomes, "What the heck are all these amendments on the ballot?" This year, Florida voters face 11 proposed amendments to the state constitution. Our Republican-dominated Legislature has packed the ballot with confusing questions on Obamacare, abortion, property tax breaks and the blending of church/state. Hmmm, must be a presidential election year. For the next two Sundays, I'll boil the amendments down to plain English - what they mean in practical terms - and tell you how I'm voting.

Florida Supreme Court upholds Broward term limits Florida's Supreme Court ruled this morning that Broward's term limits for county commissioners are constitutional. Click here to read the decision. Here's the conclusion to the 19 page decision: Based on the foregoing, we recede from Cook and the rationale it relied upon in Thomas v. State ex rel. Cobb. Therefore, we hold that the term limits provided in Broward County's charter do not violate the Florida Constitution, and approve the Fourth District on different grounds.

Christian conservatives are planning a campaign to amend the Florida Constitution to define a fertilized human egg as a person. The idea, in Florida and states around the country, is to eliminate all abortions – including in cases of rape, incest and to protect the life of the pregnant woman. Jannique Stewart of Coconut Creek likened the fight for a the so-called personhood amendment, and the ultimate goal of ending abortion, to Abolition. It took years of struggle to end slavery, and personhood amendment supporters say they won't rest, just the way abolitionists didn't rest.

Stephen L. Goldstein and South Florida Sun-Sentinel, September 9, 2011

Steal a loaf of bread, and you could go to jail. Drive drunk, and you might have to pay a fine, wind up behind bars, and/or lose your license. But violate the Florida Constitution, and, if you're the governor and/or the Legislature, you'll go scot-free -- because Floridians let them. Fed up with Tallahassee for failing to deliver high-quality public education, in 2002, Florida voters passed a constitutional amendment limiting the maximum number of students who could be assigned to each teacher in public school classrooms: no more than 18 in pre-K through grade 3, a maximum 22 for grades 4 through 8, and a limit of 25 students in classrooms for grades 9 through 12. The amendment stipulated that the state of Florida, not local school districts, had to pay for reducing class size.

MIAMI - A Federal judge ruled Friday that the voter approved reforms to the way Florida draws its congressional districts don't violate the U.S. Constitution. U.S. District Judge Ursula Ungaro issued her decision after hearing arguments in a case brought by fair districts opponents. U.S. Reps. Mario Diaz-Balart, R-Miami, and Corrine Brown, D-Jacksonville, along with the Florida House of Representatives sought to have the amendment to the Florida Constitution, approved by more than 60 percent of the state's voters last year, tossed out. After an hour of arguments for and against the constitutional amendment, Ungaro took a break of about five minutes.

It's too easy to amend the Florida Constitution. The South Florida Sun-Sentinel Editorial Board recommends a YES vote on Constitutional Amendment No. 3 on the Nov. 7 ballot. The proposed amendment would require that "any proposed amendment to or revision of the state Constitution . . . must be approved by at least 60 percent of the voters . . . rather than by a simple majority." It would not change an existing provision that amendments to impose new taxes or fees must get at least two-thirds of the vote.

Attorney General Pam Bondi has little choice other than to defend the definition of marriage voted into the Florida Constitution. It's her job. It's like she was on a debate team and given the assignment to "defend the definition of marriage as stated in the Florida Constitution," while the other side was given "defend marriage equality. " The thing is, her performance is poor, her argument is weak and she will not win out. Her "harm" notion already has been shot down by the U.S. Supreme Court and echoed by the many judges who have ruled against states with bans like ours.

It's unwise to put political policy matters into the Florida Constitution. Proof of that lies in a constitutional amendment passed by voters in 2002. It required, on a phased-in basis, strict class-size limits in public schools. The final phase of the amendment took effect this year, and it is poised to cause chaos in schools throughout Florida, as predicted by opponents eight years ago. Meanwhile, children are shunted from one classroom to another to meet arbitrary class-size numbers.

On a net basis, the U.S. Constitution has been amended 19 times in 235 years. But the Florida Constitution has been amended 15 times in the last three election cycles. Special interests often have used hype and spin, preying on voter emotions, to abuse the Florida amendment process to add provisions that don't belong in the Constitution. Here's a summary of the nine amendments that have made it to the ballot so far this year, including a business perspective on each: Amendment 1: Repeal public campaign financing This would repeal the current law, which allows public taxpayer money to finance all statewide political campaigns.